Wife alleging falsely and repeatedly harassing me

First file for restitution of conjugal rights in the family court if you are sure she would not return. Obtain a decree. Ensure you are away for one year. Then after a year, file petition u/s 13(1 A)(ii) of the Act for divorce on the ground that there has been no resumption of conjugal rights for a period of not less than one year after the passing of a decree to that effect. You'll get your divorce.

Hope this helps.

B S Rao

Act as per the advice of Mr.B S Rao

do not file rcr section 9, it will backfire and trap you if she accepts and returns.................

already third time and now you are firm for divorce why not talk to her or take any elderly person of their family and make her agree for mutual consent divorce which is instant and within 8 months you will be freed from her

and you have to think about your son future also wheater to give custody to her or you want then make her convince for the custody of your child to you

normally in mcd they wont agree easily and you have to give one time settlement alimony to make her life happy even after divorce as it is your responsibility but try to convince her without any amount

and it could not understand why every time she is taking all the household items with her and what she is doing with them

Never try to file for restitution of conjugal rights.       It'll be your blunder.       You'll be in hell again.       Give, if compelled, away all your properties to your wife and take divorce.        Then only can you be a free man.      And preach men not to marry.     That will be your great service to the nation.     Learn to live alone.      Any companion, whether father, mother, son, daughter, brother, sister etc., knows only to make your life miserable.

Reddy Saab,

The querist is here for a legal advice and solution,logically UR reply make be ok, but not legally.

Is legal separation a viable option that I can use?

The legislation that addresses legal separation in India is the Hindu Marriage Act, Section 10

Read more : https://www.ehow.com/facts_7363619_legal-separation-india.html

I want to know if I can use this option and can at least stay separated from wife till divorce (which I will file in the meantime) is awarded. What are the conditions under which legal separation is valid or can be invalidated?

I am in dire need of good suggestion/solution from this forum.

Kindly help. 

This forum is neither for debating your personal issue nor for keep posting you as per your changing requirements. 

You are the best judge to decide with this issue.

Please go ahead with whatever you want to do. 

All our wishes are with you.

Thanks

B S Rao

@Mr. Vats,  I have got no hesitation to say RCR is not at all good option to you, especially in the circumstances you narrated above in a lucid way.  Once you file RCR, she comes into the court with her suit case and the court will thrust her upon you and you will have no option to take her back into your house and live in hell.  So, do not file RCR at any cost. Now, the grounds for judicial separation and divorce are the same.  Judicial separation is not an intermediate step to achieve divorce.  As the time to conclude judicial separation or divorce case is the same before the court and the grounds are also same, there is no purpose to go for judicial separation.  So, go today itself and file divorce case and stay in the mediation proceedings still without flinching say that you do not want to stay with her.  No need to hesitate and no need to feel shy.  She is no more worth to give one more opportunity, which she would definitely misuse.  Even though her problem is behavioural aberration, she should have corrected herself with medical aid.  As she is still suffering from the same malady, you go for divorce.  Be determined and enjoy the rest of life with full mirth.

Dear Sainath Saab

"Take divorce."         Was that not legal advice?

Thanks for your valuable replies. I have decided to file divorce case with whatever evidence I have.

I have further 2 questions:

1. I have come to know that after selling my household belongings, she has gone to her parents place and will file false 498a case on me and relatives for purpose of harassment. Is there a way to protect myself from it.  

2. I have earlier opened a joint account with my wife, where I have majority of my fund. Is there a way to get this money back to me?

1.  If she files Section 498-A case, after mediation, if FIR is registered, you have to take anticipatory bail.  Later on without fear you have to contest the case on merits.

2.  If it is joint account in a bank, what instruction have you given the bank to withdraw the amount?  If it is either or survival (in bank's language it is called E/S), you can withdraw the amount, if she has not already withdrawn.  If both signatures are required to withdraw, without her consent, you cannot withdraw the amount.

Although we are legal experts and liable to give legal advises and opinions to querist sufferers yet we are the men of this society and under compulsion to consider the impact of our such advises. Hence, it will be prudent to advice when you have already spent 12 years of your married life and when you have tiny baby boy (, who is  innocent and going to be otherwise victimized and will  debar from father's and mother's love at a time under the same roof ) you must refrain from taking any stern action now; instead you bring your wife at your home and carry on mental treatment by a good Psychriatist.